Would it be beneficial for the Philippines to legalize divorce?

Date March 5, 2022

To Atty. Jennifer N. Asuncion

From Walker, Gleni D.

Section JD 1D

Topic Validity of Marriage

Course Law 111

Introduction
Many of us are made aware of the divorce bill introduced by
Senator Risa Hontiveros. In the bill, it enumerates five grounds for a
judicial decree of absolute divorce. Among them are: All acts
mentioned under Section 5 of Republic Act No. 9262, or the
Anti-Violence Against Women and their Children Act of 2004; the
commission of the crime of rape by the respondent-spouse against
the petitioner-spouse before the celebration of marriage. On top of
that, it lays down several guiding principles to protect the best
interests for women and children, as well as providing inexpensive
proceedings for absolute divorce.

The noble purpose of the bill is expressly stated. However, the

State still fails to recognize divorce in the country. The reason being is
that the State recognizes the sanctity of family life and strives to
protect and strengthen the family as a basic autonomous social
institution.

The Philippines remains the only country that has not legalized
divorce, aside from the Vatican City. But when we look at our history,
ethno-linguistic communities of the Philippine archipelago observed
the practice of divorce before the Spanish occupation. Before the
Civil Code of 1950 took effect, our country allowed divorce from
1917 until August 30, 1950. The divorce law, up until today, merely
qualifies Muslim Filipinos for divorce under the Code of Muslim
Personal Law of the Philippines promulgated in 1977. Therefore,
divorce is not nonexistent in the Philippines; it just does not apply to
all its citizens regardless of religious beliefs.

Along with sexual education, abortion, and same-sex marriage,

divorce remains a taboo topic in the Filipino society. Due to the
deep influence of Catholicism in the country, most of them are still
holding on to the belief that divorce is against the morality and
conscience of the religion. An opposition to the divorce bill also
proposed that “we should be discussing ways of strengthening
marriage and family life rather than spending precious time and
money on unconstitutional divorce bills".

When looking beyond the religious principles, divorce can

contribute a number of benefits to so many Filipinos who are stuck in
unhealthy unions.

Defending Our Constitutional Rights

 The legalization of divorce strengthens the defense of our
constitutional rights. Section 6, Article II of the 1987 Constitution
expresses that “the separation of Church and State shall be
inviolable”. The doctrine not only prohibits the State from intervening
in purely ecclesiastical affairs; the Church is similarly hampered from
interposing purely secular matters. The enforcement of boundaries
between the two institutions is stipulated to avoid encroachment by
one against the other. Essentially, any civil matters should not be
decided or reviewed by the religious institutions.

However, the passing of divorce bills is usually impeded by the

Catholic Church, providing an argument that it would disrepute the
sanctity of marriage and family life. In the case of Republic of the
Philippines v. Court of Appeals and Molina, the interpretations of the
National Appellate Matrimonial Tribunal of the Catholic Church are
given great respect to the court, decreeing anything canonically
invalid as civilly void. In the case of Tan-Andal v. Andal, canonical
decisions are persuasive to civil decisions, serving as an evidence of
the nullity of secular marriage. In both cases, it is clear that the
Catholic Church acts as the amicus curiae for the court to guide the
decisions of the Judge.

Although the ecclesistical decisions are to protect and cherish

marriage and the family as the inviolable base of the nation, it is
important to note that the Philippines is a multi-religious nation. The
2015 census conducted by the Philippines Statistic Authority
estimates Christianity as the dominant religion in the country with
88.5% believers. Islam and other indigenous syncretic faiths are also
practiced the country. However, Sharia courts handle cases relating
to personal laws affecting family relations and property within the
Muslim community. Hence, Muslim people are allowed to get
divorced, without needing the intervention of the National Civil
Code.

From the evaluations, we can observe the consistent trends of

how divorce turns into a religious matter, as compared to a civil one.
While the decisions of the religious institutions are given high respect,
the court should also carefully observe the individuals who are in
marriages that require the separation, or divorce, between the two
contracting parties. Canonical guidelines should not be the basis for
marriages. Instead, a marriage should be a legal and civil matter as
a way for us to honor our constitutional rights. After all, allowing
religion to influence civil decisions would slowly stray our nation away
from Republicanism, and sail us closer toward Theocracy.

Protect the Welfare of Women and Children

It is admirable that partners are able to surmount their

differences in marriages. For others, they really wish they could have
a way out — and a new beginning. If not, they are forced to live in a
marriage of irreparable or irremediable breach of trust and
confidence. But in many cases, vulnerable partners in marriages are
compelled to live in an abusive, violent, and life-threatening
environment. Women are especially the most affected in domestic
violence.
 The 2017 National Demographic and Health Survey conducted
by the Philippine Statistics Authority estimates one in four Filipino
women age 15-49 has experienced physical, emotional or sexual
violence by their husband or partner. The effects of violence against
women includes impeding their capacity to participate in social
development, as well as it negatively impacts their physical and
reproductive health. In 2002, The Philippines spent an estimated P6
billion pesos to treat women who were physically and
psychologically injured through therapies, shelters, and programs.
Hence, divorce not only puts the livelihood of women of abusive
marriages in jeopardy, but also drains the country’s financial
resources. On the other hand, studies have indicated that women
who break free from such environment or union improve their health
outcomes.

Domestic violence places children who witness the abuse or

are victims themselves at a high risk of developing long-term physical
and mental health issues. Furthermore, children who observe the
violence could turn into an abuser themselves as well. In the case of
Tan-Andal v. Andal, it recognizes the effects of child abuse through
domestic abuse or violent spouses wherein the child’s damaging
and traumatic past experiences may have led him or her to be a
child abuser. This pattern becomes repetitive, and eventually
transforms into a cycle when the Government does not properly
address the issue. And sometimes, the ideal way to break this cycle
of abuse is through a divorce to separate the victims from the
abusers, and build a new and healthier household.
 When an abusive partner inflicts repeated physical violence or
grossly abusive conduct directed against the petitioner, a common
child, or a child of the petitioner, it could be grounds for legal
separation. However, legal separation has not severed the marriage
bonds between the petitioner and and the abuser. Thus, it would be
almost impossible for the abused partner and children to begin a
new life or family through remarriage. They could file for annulment
of marriage on the ground of “psychological incapacity” against the
abused partner, but it requires proof of the nature of violence as
inherent to the abuser. Meaning, the root cause of his or her abusive
behavior should stem from their childhood.

In the 1987 Constitution, it provides that the State recognizes

the sanctity of family life and shall protect and strengthen the family
as a basic autonomous social institution. Hence, protecting the
family life does not merely require the family to stick together
through thick and thin, but also separate themselves from the violent
spouse in the family. As the State recognizes the family as an
fundamental and important factor in the enhancement of the
nation, they should also acknowledge the horrors of abusive families
to women and children. By legalizing divorce, it attests the promise
of the State to protect women and children not only through
strengthening familial ties, but also allowing them to withdraw
themselves from an irremediably broken marriage and start anew.

Legal Remedy For Broken Marriages Among Indigent Spouses

 Not everyone can afford annulment, nor can an annulment
grant the nullity of all marriages unless all the guidelines are met and
fulfilled. In the Philippines, the total cost of annulment in the
Philippines is approximately PHP 140,000 to PHP 725,000, including the
attorney’s fee, psychological evaluation fee, filing fee, and the
miscellaneous expenses. The stake of annulment is also high as the
annulment involves the liquidation of property, and child custody if
your spouse challenges the annulment. Thus, the annulment cost
can reach up to a million pesos, or even more. In the case of
Republic of the Philippines v. Court of Appeals and Molina, expert
evidence from qualified psychiatrists and clinical psychologists is a
requisite to prove “psychological incapacity” for an annulment,
which is hefty.

It is good that some Filipino citizens are able to finance their

annulment. However, it is important to note that the marriages who
are in dire need of legal assistance of the indigent communities. With
the lack of information access and financial resources, they are
unable to file for annulment. Worse, the filing is a lengthy and tedious
process that can extend for years, often with unsuccessful results.
Since women are rarely the breadwinners in their respective families,
they are seriously affected by the lack of divorce legislation — with
49.4 percent representing the entire population, but only 34 percent
of the workforce, according to statistics by News Deeply by the
Philippine Statistical Authority.

The divorce bill introduced by Rita Hontiveros — also known as

the "Divorce Act of 2019" — could be a remedy for indigent spouses
who seek to dissolve their marriages and start anew. The guiding
principle of the bill assures the proceeding to be inexpensive and
affordable, particularly for court-assisted litigants or petitioners, and
leaves them the option to leave their irreparable union. By providing
this opportunity for the indigent petitioners, it could grant them a
better livelihood and release them from the shackles from the painful
and agonizing marital clashes.

Conclusion

Ultimately, the Philippines is a secular state. Allowing religion to

freely influence the decision of passing the divorce bill can constitute
a breach to our constitutional right. Every day, we hear stories of our
Filipino people growing up in a toxic household. Most of the time,
they are left with no option to live and bear with the abusive and
violent nature of their family. After all, what other choices do they
have?

The State should always consider the welfare of the vulnerable

members, specifically women, children, and indigent communities.
They are the ones who are highly affected by their troubled
marriages. To protect the sanctity of marriage, the State should first
protect his people — as prescribed by the doctrine of Parens
Patriae. At the same time, the State should respond to the needs of
citizens who are in dire need of help. Without the divorce law, it is
difficult to predict the progress of marital and family life in the
Philippines. Essentially, people should have the right to choose what
is right for them, not what is right for the religion.
 To reiterate, the divorce is merely an option. If your religion is
against it, then you are free to refuse it. Learn to understand the
situations of others, and not suppress them for the choices they need
in order to live free from the expense of unhappy and toxic
households.
Citations

Adopting Divorce in the Family Code | Philippine Commission on

Women. (2022). Philippine Commission on Women.
https://pcw.gov.ph/adopting-divorce-in-the-family-code-2/

Commission, Philippine Constitutional. (2022). 1987 Philippine

Constitution. Independently published.

Danganan, J. (2016, August 3). Proposed divorce process not

easy for those seeking it: Gabriela. Philippine News Agency.
https://www.cnnphilippines.com/news/2016/08/03/Gabriela-re-fi
les-divorce-bill.html

Philippines Divorce | The Law Office of Jeremy D. Morley. (2022).

Jeremy d. Morley.
https://www.international-divorce.com/d-philippines.htm

Published & distributed by Rex Book Store. (2011). Civil code of

the Philippines.

Republic of the Philippines v. Court of Appeals and Molina G.R.

No. 108763. (1997). The Lawphil Project.
https://lawphil.net/judjuris/juri1997/feb1997/gr_108763_1997.html

Rosanna L. Tan-Andal Vs. Mario Victor M. Andal G.R. No. 196359.

(2021). Supreme Court of the Philippines.
https://sc.judiciary.gov.ph/20821/

Ursua, E. G. (2014b, January 7). Why the Philippines Needs a

Divorce Law. Positively Filipino | Online Magazine for Filipinos in
the Diaspora. http://www.positivelyfilipino.com/